opm compensatory time earned
1 min readCompensatory time off for travel may be used by an employee when the employee is granted time off from his or her scheduled tour of duty established for leave purposes. and you work 8 hours every day. (Also see Q5.). Employees in senior-level (SL) and scientific or professional (ST) positions who are paid under 5 U.S.C. GS-10 Basic Pay rate. Find out more about federal compensation throughout your career and around the world. If use of privately owned automobile is authorized or if no Government-furnished automobile is available. Compensatory Time Off for Travel - Questions & Answers to Fact Sheet Why are criminal investigators who receive availability pay precluded from earning compensatory time off when they travel during unscheduled duty hours? For FLSA Exempt Employees. The general rule is that accrued compensatory time off must be liquidated (i.e., paid) or forfeited (as applicable under agency policies) if not used by the end of the 26th pay period after the pay period during which it was earned. How does an employee use accrued compensatory time off for travel? Is travel in connection with a permanent change of station (PCS) creditable for compensatory time off for travel? A. Excepted categories of employees include members of the Senior Executive Service and Foreign Service officers, among others. An employee must comply with his or her agency's procedures for requesting credit of compensatory time off, and the employee must file a request for such credit within the time period established by the agency. The travel time between the regular worksite and the airport is creditable as time in a travel status. flexible work schedule. N/A U.S. Office of Personnel Management. Q13. 26 Jun, 2023, 09:00 ET. Fire Protection Personnel Q27. Premium pay excludes overtime pay and compensatory time off in lieu of overtime pay earned by FLSA-nonexempt (covered) employees. Share sensitive information only on official, However, the gaining agency may use its own legal authority to give the employee credit for such compensatory time off. Premium pay also includes the dollar value of earned hours of compensatory time off for FLSA exempt (not covered) employees. Overtime and comp time can be approved by your supervisor no matter what type of (When exception #4 applies, the employee must be paid for the unused compensatory time off; forfeiture is not an option.). This annual report contains information on the representation of Hispanics within the Federal Government and best practices of Federal agencies. ). Compensatory time off for travel may be earned by an employee only for time spent in a travel status away from the employee's official duty station when such time is not otherwise compensable. . Example: An employee earns 16 hours of compensatory time off under 5 CFR 551.531 in lieu of FLSA overtime pay while employed in an FLSA-nonexempt position. An agency may provide that an FLSA-exempt employee who (1) fails to take earned compensatory time off within 26 pay periods or (2) transfers to another agency or separates from Federal service before the expiration of the 26 pay period time limit-. ), Special hourly rates of basic pay and hourly overtime rates apply. A 60-hour week consisting of five 12-hour days may be established when firefighters are scheduled only during daylight hours. What constitutes "unscheduled duty hours" as described in 5 CFR 550.182(a), (c), and (d)? You should use your accrued comp time before using Annual Leave. The agency must credit the employee with the lesser of (1) the estimated time in a travel status the employee would have had if the employee had traveled at the time selected by the agency, or (2) the employee's actual time in a travel status at a time other than that selected by the agency. The definition specifically excludes time spent traveling in connection with union activities. A. Time in a travel status resumes when an employee departs from the temporary duty worksite or his or her lodging in the temporary duty station, wherever the employee departs last. 5544. No. As such, the value of an hour of compensatory time off is equal to the overtime hourly rate that is payable in dollars. When you travel in connection to TTS, the time you spend traveling may be regular time, overtime, or travel comp time, depending on when the travel occurs. , external,exempt or non-exempt employee. Diversity, Equity, Inclusion, and Accessibility, Classifying Federal Wage System Positions, Frequently Asked Questions for Hybrid Work Environment, Federal Workforce Priorities Report (FWPR), Federal Labor-Management Information System, Recruitment, Relocation & Retention Incentives. Time is considered compensable if the time is creditable as hours of work for the purpose of determining a specific pay entitlement (e.g., overtime pay for travel meeting one of the four criteria in 5 CFR 550.112(g)(2)) even when the time may not actually generate additional compensation because of applicable pay limitations (e.g., biweekly premium pay cap). Youll do this after your supervisor has approved the hours in step 1. Thus, employees who travel in connection with union activities are not entitled to earn compensatory time off for travel because they are traveling for the benefit of the union, and not for agency-related work purposes. you have. 5541(2), who work full-time, part-time, or intermittent tours of duty are eligible for title 5 overtime pay. 4303 and 5 CFR 353.102) and a return to service through the exercise of a reemployment right or (2) separation or leave without pay due to an on-the-job injury with entitlement to injury compensation under 5 U.S.C. Compensatory time off for travel may be earned by an employee only for time spent in a travel status away from the employee's official duty station when such time is not otherwise compensable. May unused compensatory time off for travel be restored if an employee does not use it by the end of the 26th pay period after the pay period during which it was earned? This discretionary authority should be exercised by issuing formal policies so that employees are treated consistently. The standby Premium Pay rate is determined by Human Resources and forwarded to the civilian payroll office on the Standard Form 50 (SF-50), Notification of Personnel Action. 5547 is also a ceiling on compensatory time off. (See 5 U.S.C. Don't Call it Comp Time. LockA locked padlock Employees who earn compensatory time off in lieu of overtime pay for irregular or occasional overtime worked on or after May 14, 2007, must use the . The civilian payroll office only pays overtime certified as approved on the Time and Attendance Report. See OPM's, A. Leave requests first if you are in danger of losing Annual Leave because of An FLSA-exempt employee must use accrued compensatory time off by the end of the 26th pay period after the pay period during which it was earned. 5545(c)(1); Administratively uncontrollable overtime pay under 5 U.S.C. Thus, the number of hours for which an employee may receive monetary overtime pay is also the number of hours of compensatory time off that may be credited in a pay period. The Office of Personnel Management (OPM) has updated the regulations for earning and repaying religious compensatory time. Compensatory time, or comp time, is time off with pay in lieu of overtime pay for irregular or occasional overtime work, or when permitted under agency flexible work schedule programs.. Are all employees covered by this provision? Official websites use .gov Secure .gov websites use HTTPS Q33. Agencies may require that an FLSA exempt employee (as defined at 5 U.S.C. May an agency change an employee's work schedule for travel purposes? the .gov website. Overtime work may be regularly scheduled or irregular. The purpose of availability pay is to ensure the availability of criminal investigators (and certain similar law enforcement employees) for unscheduled duty in excess of a 40-hour workweek based on the needs of the employing agency. See 5 CFR 550.114(e) and 551.531(e) for special rules regarding the administration of compensatory time off to an employee's credit as of May 14, 2007. A .gov website belongs to an official government organization in the United States. Travel status includes only the time actually spent traveling between the official duty station and a temporary duty station, or between two temporary duty stations, and the usual waiting time that precedes or interrupts such travel. All on-duty sleep periods are counted as hours of work. Hear Federal Employee stories as told in their own words. (See 5 U.S.C. Developing senior leaders in the U.S. Government through Leadership for a Democratic Society, Custom Programs and Interagency Courses. Secure .gov websites use HTTPS Q34. the .gov website. E Employees who are exempt under the Fair Labor Standards Act (FLSA) are covered by title 5 overtime rules, while employees who are FLSA-nonexempt are covered by FLSA overtime provisionsalthough title 5 hours-of-work rules and daily overtime thresholds are incorporated in applying FLSA overtime provisions. expire. The employee must generally recognize circumstances that requires them to remain on duty without supervision. The biweekly pay limitation is also a ceiling on compensatory time off. January 1, 2023. the .gov website. FLSA-exempt employees earn compensatory time off in lieu of title 5 overtime pay under 5 U.S.C. For overtime pay purposes, rate of basic pay means the rate of pay fixed by law or administrative action for the position held by an employee, including any applicable locality payment or special rate supplement. (i) involves the performance of work while traveling, (ii) is incident to travel that involves the performance of work while traveling, (iii) is carried out under arduous conditions, or (iv) results from an event which could not be scheduled or controlled administratively. Extra Leave is paid time off for employees' personal reasons and is earned based on sick leave balance as of January 1 of each year. secure websites. A. Comp Time-Regular Earned and Used - National Finance Center 5541(2)) receive compensatory time off in lieu of overtime pay for irregular or occasional overtime work, but only for an FLSA exempt employee whose rate of basic pay is above the rate for GS-10, step 10. If an employee experiences an unusually long wait prior to his or her initial departure or between actual periods of travel during which the employee is free to rest, sleep, or otherwise use the time for his or her own purposes, the extended waiting time outside the employee's regular working hours is not creditable time in a travel status. Compensatory time off may be approved (not required) in lieu of regularly scheduled overtime work only for employees, including wage employees, who are ordered to work overtime hours under flexible work schedules. However, an employee is entitled to earn compensatory time off for travel for time spent in a travel status when such time is not otherwise compensable. Compensatory time cannot be used before it is earned. Definition: Number of compensatory time in lieu of overtime hours earned during the pay period. Both 5 CFR 550.114 and 5 CFR 551.531 are derived from the statutory authority governing compensatory time off in 5 U.S.C. Personnel Force InnovationFreedom of Information ActDFAS HotlineContact Us Accessibility / Section 508EEO / No Fear Act, An official website of the United States government, Providing payment services for the U.S. Department of Defense, Department of Defense Education Activity (DODEA), Civilian Permanent Change of Station (PCS), Hazardous Duty and Environmental Differentials, Office of Personnel Managements (OPM) Availability Pay page, Office of Personnel Managements Title 5 Overtime Pay page, Office of Personnel Managements Compensatory Time page, Night Pay for General Schedule Employees page, Night Shift Differential for Federal Work System employees page, Hosted by Defense Media Activity - WEB.mil. This means you will need to manually add the hours you earned to your timesheet on the day(s) when you earned them. Agencies are required to provide payment for accrued compensatory time off under the conditions set forth in 5 CFR 550.114 and 5 CFR 551.531. Under these circumstances, the travel time outside an employee's regular working hours is not compensable as overtime hours of work under regular overtime or availability pay. There is no entitlement to overtime pay - management has right to compensate with compensatory time. A locked padlock A. 5545b, special overtime hour thresholds of 53 hours per week or 106 hours per biweekly pay period apply. secure websites. (See. PDF Questions and Answers on Compensatory Time Off for Travel PDF Overtime Fact Sheet - NIH: Office of Human Resources However, if the Which regulations apply to an employee's unused compensatory time off upon a change in his or her FLSA exemption status? Q1. Compensatory time off for travel may be earned by an employee only for time spent in a travel status away from the employee's official duty station when such time is not otherwise compensable. overtime. A. Youll receive emails after submitting the request, and after it is approved. Under certain circumstances, your agency may give you comp time instead of paying you overtime for any hours you are required to work that go beyond your regular work week. The human resources office (HRO) determines the rate and forwards it to the civilian payroll office on the Standard Form 50 (SF-50), Notification of Personnel Action. Compensatory Time Q26. In all cases, determinations regarding what is creditable as "usual waiting time" are within the sole and exclusive discretion of the employing agency. Hazardous Duty and Environmental Differentials 5542(a)(2). No. However, such a break in service must have been intended to be permanent and any accrued compensatory time earned after April 14, 1986, must have been cashed out at the time of initial separation. Q2. Availability pay compensates an employee for all unscheduled duty hours. Document your request to your supervisor, via email, in advance of the time youll need to miss, along with the schedule of the time you will work outside of normal hours to compensate. Employees may also use compensatory time off for religious reasons and when used in this manner, it is exempt from maximum pay limitations. 202-606-1800. No. Callback Pay: If a callback occurs on a holiday during the employee's regular schedule, a minimum of two hours of holiday Premium Pay is paid. You are entitled to Sunday premium pay equal to 25 percent of your basic pay rate for each hour of Sunday work. (See 5 U.S.C. For Civilian Pay questions, please contact your Customer Service Representative (CSR). Availability, Callback and Standby Pay May an agency require an employee to forfeit unused compensatory time off under circumstances in addition to those identified in OPM regulations? An employees rate of basic pay is used in computing premium pay. 5543 and, for employees under flexible work schedules, 5 U.S.C. An employee has the right to use compensatory time earned and must not be coerced to accept more compensatory time than an employer can realistically and in good faith expect to be able to grant within a reasonable period of his or her making a request for use of such time. Complete details about Compensatory Time are on the Office of Personnel Managements Compensatory Time page and Compensatory Time Off for Travel page. TA 19-02, Changes to Religious Compensatory Time - National Finance Center A. For example, if an employee travels from his official duty station in Washington, DC, to a temporary duty station in San Francisco, CA, the Washington, DC, time zone must be used to determine how many hours the employee spent in a travel status. A. COMPENSATORY TIME FOR TRAVEL PURPOSES EARNED Back to Data Standards. If a public agency elects to use the section 7(k) exemption, the public agency may, in the case of law enforcement personnel, exclude meal time . Part-time GS employees who work between 6 p.m. and 6 a.m. are eligible for night differential, if the hours are not part of their regularly scheduled hours. Q6. What if an employee experiences an "extended" waiting period? 5542, or (3) "unscheduled duty hours" as described in 5 CFR 550.182(a), (c), and (d). Except in certain circumstances (see Q24), an employee must forfeit all unused compensatory time off for travel upon separation from Federal service.
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